Being involved in an accident with a semi-truck can be a traumatic and life-altering experience. The answer to “Can I sue for being hit by a semi-truck?” is generally yes, provided that the truck driver or trucking company was negligent or acted in a way that caused the accident.
If you or a loved one has been hit by a semi-truck, you may be able to sue for compensation to cover medical expenses, lost wages, pain and suffering, and other damages.
An experienced Indianapolis truck accident lawyer can be invaluable in pursuing legal action against the responsible parties. They understand the unique challenges involved in such claims and are skilled at building strong cases against trucking companies and their insurers, who often have substantial resources at their disposal.
When Can I Sue for Being Hit by a Semi Truck in Indiana?
If you have been involved in an accident with a semi-truck in Indiana, you may be able to sue the responsible parties for the injuries and damages you have suffered. In general, you can sue for being hit by a semi-truck in Indiana if the accident was caused by the negligence or recklessness of the truck driver, trucking company, or another party involved.
Here are some common scenarios where you may have grounds to sue after being hit by a semi-truck in Indiana:
- Negligent Driving: If the truck driver was driving carelessly, speeding, driving while distracted or impaired, or violating traffic laws, and this negligence directly led to the accident, you may have a case against the driver and the trucking company they work for.
- Faulty Equipment or Maintenance: Trucking companies have a responsibility to ensure their vehicles are properly maintained and equipped. If the accident was caused by faulty brakes, tires, or other mechanical issues, you may be able to sue the trucking company for its failure to maintain the truck.
- Overloaded or Improperly Loaded Cargo: Semi-trucks have strict weight limits and cargo loading requirements. If the truck was overloaded or the cargo was improperly secured, causing a weight shift that led to the accident, the trucking company or cargo loaders may be held liable.
- Violations of Regulations: The trucking industry is heavily regulated, with rules governing hours of service, driver qualifications, and more. If the trucking company or driver violated any of these regulations, contributing to the accident, you may have grounds to sue.
- Negligent Hiring or Training: Trucking companies have a duty to properly vet, train, and supervise their drivers. If the driver involved in your accident had a history of violations or was not properly trained, you may be able to hold the trucking company accountable for negligent hiring or training practices.
Keep in mind that if you are determined to have been somewhat at fault for the accident, your compensation could be diminished because Indiana employs a modified comparative fault rule. You can still get damages if your fault is less than 51%.
Additionally, there is a statute of limitations in Indiana for filing personal injury claims, so it’s crucial to act promptly and consult with an experienced truck accident lawyer who can evaluate your case and guide you through the legal process.
Your Case Will Get
The Attention It Deserves
How Can a Lawyer Help in a Truck Accident Claim?
Truck accident cases are extremely complex. An Indianapolis personal injury lawyer with experience handling trucking accident claims can help you by:
Investigating and Gathering Evidence
Truck accident cases often involve intricate investigations to establish liability and fault. An experienced lawyer will work with accident reconstruction experts, analyze black box data, review maintenance records, and gather other crucial evidence to build a strong case on your behalf.
Your attorney will also help you decide if it would be in your best interest to pursue a lawsuit against the trucking company or other liable parties and help you take action.
Understanding Complex Regulations
The trucking industry is heavily regulated, with strict rules governing hours of service, load limits, and maintenance requirements. A skilled truck accident lawyer will be well-versed in these regulations and can identify any violations that may have contributed to the accident.
Dealing with Insurance Companies
Insurance companies representing trucking companies are notorious for their aggressive tactics and attempts to minimize payouts. Your lawyer will handle all communications and negotiations with these insurers, ensuring that your rights are protected and that you receive a fair settlement.
What Damages Can You Collect in a Truck Accident Claim?
If you have been hit by a semi-truck due to the negligence of the truck driver or trucking company, you may be entitled to recover various types of compensatory damages, including:
- Economic damages such as medical expenses (past, present, and future), lost wages, and property damage
- Non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life
- Punitive damages, which are awarded in cases of gross negligence or willful misconduct to punish the responsible party and deter similar behavior in the future.
A semi-truck hauling cargo can weigh up to 80,000 pounds. If you are struck by one of these vehicles, the damages can be substantial. It’s important to reach out for legal help to ensure your rights are protected and that you recover full and fair compensation for your losses and damages.
Contact an Indianapolis Lawyer to Learn More About Suing After a Semi Truck Accident
At Vaughan & Vaughan, we understand how devastating and life-altering being hit by a semi-truck can be. While no amount of money can undo the suffering you’ve endured, we believe holding negligent parties accountable is an important part of the healing process.
You can have confidence knowing your case is in capable, caring hands. If you or a loved one has been impacted by a truck accident, don’t hesitate to reach out for a free, no-obligation consultation.
We’re here to listen, to understand your unique situation, and to discuss how we can help you find justice and begin to rebuild your life.
